EPA v. U.S. ARMY FORT EUSTIS

Case summary

THIS IS A FEDERAL FACILITY AGREEMENT FOR FORT EUSTIS, A 9,000 ACRE ARMY GARRISON THAT WAS LISTED ON THE NPL IN 1994. THE AGREEMENT PROVIDES PROCEDURES AND SCHEDULES FOR COMPLETING RI/FS, RD/RA AND REMOVAL ACTIONS UNDER CERCLA. AT THE TIME OF SIGNING, THIRTEEEN OPERALBE UNITS WERE IDENTIFIED. IN ADDITION, SEVERAL MUNITIONS RESPONSE PROGRAM SITES MAY BE INVESTIGATED AND CLEANED UP UNDER THE AGREEMENT. 02/15/2018 ROD for LF001: LF001, a former landfill, encompasses approximately 3 acres; operated from at least 1937 until 1953; and was covered with earthen material in the early 1960s. The USAF and EPA, in consultation with VDEQ selected the remedy - Additional Soil Cover, Land Use Controls and Groundwater Monitoring. This remedy will control exposure to landfill contents and demonstrate continued protection of human health and the environment. 05/18/2018 ESD for Bailey Creek (OU-01): The modification to the remedy was necessary to address areas of contamination in the outfall, identified during remedy implementation, which could not achieve the remediation goal. The ESD modifies the ROD by substituting a combination of excavation and capping with geotextile fabric in the drainage swale in lieu of the original remedy of sediment excavation to achieve protection of human health and the environment. In addition, because some areas of the drainage swale will contain sediment with contaminant concentrations above the remediation goal, this ESD includes a thorough description of the Land Use Controls (LUCs) to be implemented and extends the LUC boundary to incorporate the drainage swale, rather than just the Bailey Creek estuary itself. 06/27/2018 ROD for LF004: The presumptive remedy for municipal landfills, including military landfills is containment. I 1994 an engineered cap was installed over the buried waste. The USAF and EPA, in consultation with VDEQ selected the remedy consisting of Land Use Controls and Groundwater Monitoring. This remedy will control exposure to landfill contents and demonstrate continued protection of human health and the environment. 05/04/20 The ROD for the Skeet Range Upland and Wetland Areas (OUs 11 and 12) calls for excavation and removal of surface soils and sediments on land and in Bailey Creek, off-site disposal, revegetation, long term monitoring, and Land Use Controls. The actions will reduce the amount of lead, lead shot, and PAHs contained in soil and sediment, which are the primary contaminants posing current and potential risk to human health and the environment in these areas.

Defendants (1)

• U.S. DEPARTMENT OF THE ARMYNamed in complaintNamed in settlement

Facilities (4)

• US ARMY - FORT EUSTIS

  1407 WASHINGTON BOULEVARD, FORT EUSTIS, VA, 23604

  Registry ID: 110000585395

• US ARMY - FORT EUSTIS

  1407 WASHINGTON BOULEVARD, FORT EUSTIS, VA, 23604

  Registry ID: 110000585395

• US ARMY - FORT EUSTIS

  1407 WASHINGTON BOULEVARD, FORT EUSTIS, VA, 23604

  Registry ID: 110000585395

• US ARMY - FORT EUSTIS

  1407 WASHINGTON BOULEVARD, FORT EUSTIS, VA, 23604

  Registry ID: 110000585395

Statutes cited

• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (6)

• U.S. ARMY FORT EUSTIS OU-10 (Site LF001)entered 2018-02-15

  Primary law: CERCLA

• U.S. ARMY FORT EUSTIS OU-09 (LF004)entered 2018-06-27

  Primary law: CERCLA

• U.S. ARMY FORT EUSTIS - OU 1 (BAILEY CREEK SITE)entered 2011-09-26

  Primary law: CERCLA

• U.S. ARMY FORT EUSTIS OU-01 (Bailey Creek ESD)entered 2018-05-18

  Primary law: CERCLA

• U.S. ARMY FORT EUSTIS - SKEET RANGE UPLAND AND WETLAND AREA (OUs 11 and 12)(ROD)entered 2020-05-04

  Primary law: CERCLA

• U.S. ARMY FORT EUSTISentered 2008-03-25

  Primary law: CERCLA

Timeline (3 milestones)

• 2008-03-25Complaint Filed/Proposed Order
• 2008-04-07Enforcement Action Data Entered
• 2020-05-04Final Order Issued